Tool on African Traditions and the Preservation of Humanity during War

PILLAGE IS PROHIBITED. ATTACKING, LOOTING AND PILLAGING OF
PROPERTY WAS A VIOLATION OF DIGNITY.

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The Tallensi considered attacking, looting and pillaging
of civilian property a violation of their dignity and a
dishonorable act to be avoided.
The Tallensi, Ghana

The traditional rules which regulated the behaviour of
Kamajors in warfare included the prohibition of looting
villages.
Sierra Leone
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Pillage is prohibited.”
GC IV Art. 33(2); AP II Art. 4(2)(g) & CIHL Rule 52

WOMAN, CHILDREN, THE ELDERLY
AND PERSONS WITH DISABILITIES
ARE PROTECTED. ATTACKING WOMEN, CHILDREN AND THE ELDERLY BROUGHT SHAME TO THE
WARRIORS.
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The weak and vulnerable members of the enemy such as
women, children and the elderly should not be harmed.
Somalia
Nuer tribesmen did not attack women, children or the
elderly when attacking one another.
South Sudan
The Fulani tribe believed that attacking women children
and the elderly would bring shame upon the tribe.
Sahel Region
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Woman, children, the elderly and persons with disabilities affected by armed
conflict are entitled to special respect and protection.”
Especially: GC IV Arts. 16(1) and 27(2); AP I Arts. 76(1) and 77(1); AP II Art.
4(3) & CIHL Rules 134, 135 and 138

EFFECTIVE ADVANCED WARNING SHALL BE GIVEN TO CIVILIANS
BEFORE ATTACKS. SIGNALS SUCH AS BEATING DRUMS WERE
GIVEN TO WARN OF UPCOMING BATTLES.
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When the Ashanti were faced with battle, a royal drum
was beaten to signal the upcoming battle and to call the
warriors whilst warning civilians of upcoming danger.
The Ashanti, Ghana
In the Oronn district in Nigeria, when one town decided
to go to war against another, two men were sent to lay a
plantain leaf upon the road entering the town, signaling
an official declaration of war and warning civilians of
impending hostilities.
Nigeria
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Effective advanced warning shall be given of attacks which may affect the
civilian population, unless circumstances do not permit.”
AP I Art. 57(2)(c) & CIHL Rule 20

PARTIES TO THE CONFLICT MUST
AT ALL TIMES DISTINGUISH
BETWEEN CIVILIANS AND
COMBATANTS.
WARRIORS DONNED DISTINCTIVE
ARMBANDS.
--
Maasai warriors wore distinctive armbands to
distinguish themselves from the civilian population.
The Maasai, Kenya
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“In order to promote the protection of the civilian population from the effects of
hostilities, combatants are obliged to distinguish themselves from the civilian
population while they are engaged in an attack or in a military operation
preparatory to an attack...”
AP I Art. 44(3)(sentence 1) & CIHL Rule 106 (sentence 1)

INDISPENSABLE OBJECTS
ARE PROTECTED.
A WELL MAY BE DUG BY ONE MAN, BUT
IT IS NOT USED BY HIM ALONE.
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Destroying the plains used for cattle grazing or poisoning the wells needed for survival was strongly
disapproved of.
Somalia
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“The use of poison or poisoned weapons is prohibited.”
“Attacking, destroying, removing or rendering useless objects indispensable to
the survival of the civilian population is prohibited.”
AP I Art. 54(2); AP II Art. 14 & CIHL Rules 72 and 54

CULTURAL PROPERTY IS
PROTECTED. WARRIORS WOULD NOT DESECRATE THE PLACE OF REST OF THEIR ANCESTORS
NOR OF SAINTS.
--
It was strictly forbidden for Fulani warriors to desecrate
sacred places such as the tombs of chiefs and ancestors, mosques and buildings erected over the tombs of
individuals regarded as saints.
The Fulani
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“The dead must be disposed of in a respectful manner and their graves
respected and properly maintained.”
“Each party to the armed conflict must respect and protect institutions dedicated
to religion, charity, education, the arts and sciences, historic monuments and
works of art and science.”
Among others: GC I Art. 17; GC III Art. 120; GC IV Art. 130; AP I Arts. 34 and
53; AP II Art 16 & CIHL Rules 38, 40 and 115

THE BODIES OF THE DEAD MUST BE RESPECTED AND PROTECTED.
THE BODIES OF THE ENEMY DEAD COULD NOT BE DESECRATED OR SEARCHED.
--
It was strictly forbidden to desecrate the bodies of the enemy dead or take their possessions for personal gain.
Somalia
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Each party to the armed conflict must take all possible measures to prevent the
dead from being despoiled.”
“Mutilation of dead bodies is prohibited.”
Especially: GC I Art. 15(1); GC II Art. 18(1); GC IV Art. 16(2); AP I Art. 34(1);
AP II Art. 8 & CIHL Rule 113

PARLEMENTAIRES MAY NOT BE
ATTACKED. MESSENGERS AND WARRIORS NO LONGER FIGHTING WERE PROTECTED
FROM ATTACK BY USING FACE PAINT OR HOLDING BATONS OR GRASS.
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Tribes in the Sahel Region made messengers carry a distinctive emblem such as an official baton or donned face paint which exempted them from fighting and
protected them from attacks.
Sahel Reg.
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Parlementaires* are inviolable.”
“Parlementaires taking advantage of their privileged position to commit an
act contrary to international law and detrimental to the adversary lose their
inviolability.”
“The improper use of the white flag of truce is prohibited.”
CIHL rules 58, 66, 67 and 69
*parlementaire: person belonging to a party to the conflict who has been
authorized to enter into communication with another party to the conflict.

ZONES ESTABLISHED TO SHELTER THE
WOUNDED, THE SICK AND CIVILIANS FROM THE EFFECTS OF HOSTILITIES MAY NOT BE ATTACKED.
FIGHTING BETWEEN TRIBES TOOK PLACE OUTSIDE THE VILLAGE.
--
Tribes in Senegal, Togo and Ghana only fought outside
the village to protect the women, children and elderly,
or they were relocated to a safe area during the fighting.
Senegal, Togo and Ghana
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Parties to an armed conflict may establish hospital, safety and neutralized zones
to shelter the wounded, the sick and civilians from the effects of hostilities.”
“Directing an attack against a zone established to shelter the wounded, the sick
and civilians from the effects of hostilities is prohibited.”
GC I Art. 23; GC IV Arts. 14 and 15 & CIHL Rule 35

ATTACKS MUST BE PROPORTIONATE. EXCESSIVE AND BRUTAL ACTS OF WAR BROUGHT ABOUT DIVINE RETRIBUTION.
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Any act of war that was characterized by excessiveness
and brutality would bring divine retribution upon the
perpetrator and his offspring.
Somalia
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Launching an attack which may be expected to cause incidental loss of civilian
life, injury to civilians, damage to civilian objects, or a combination thereof, which
would be excessive in relation to the concrete and direct military advantage
anticipated, is prohibited.”
AP I Art. 51(5)(b) & CIHL Rule 14

WOUNDED ENEMY SOLDIERS WERE TREATED AND CARED FOR.
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“There is no water that can wash a stranger’s blood” When Fulani warriors captured wounded prisoners of the opposition, they were turned over to the women to treat and care for them. As there is a special place for stranger’s in African culture, they are treated with respect and dignity.
Sahel Region
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RULES OF INTERNATIONAL HUMANITARIAN LAW
“Whenever circumstances permit, and particularly after an engagement,
each party to the conflict must, without delay, take all possible measures
to search for, collect and evacuate the wounded, sick and shipwrecked
without adverse distinction.”
GC I-IV Art. 3; GC I Arts. 12, 15 and 18; GC II Arts. 12 and 18; GC
IV Art. 16; AP I Arts. 10 and 17(2); AP II Arts. 7, 8 and 18(1) & CIHL
Rules 109 and 110